Archive for August, 2009

The Boy Who Cut Himself

File under:  “No Good Deed Goes Unpunished”

Helen had a 15-year-old son from her first marriage and a six-year-old son and four-year-old daughter from her second marriage.  She went through a rough period during her divorce from the older boy’s father, and agreed that father, who lived in New Jersey, could have custody of the boy.

Father was a certified bastard, who made the son’s life miserable and who was constantly after the New Jersey authorities to collect child support from Helen.  But the son of the second marriage had been diagnosed with both Attention Deficit Disorder (ADD) and Attention Deficit / Hyperactivity Disorder (ADHD), and the girl was also showing early signs of one or the other.  The boy, Rico, was a full-time job for Helen.  He couldn’t be left alone with his younger sister, day care facilities wouldn’t have him, babysitters wouldn’t come near him and Helen had to volunteer as a classroom aid to keep an eye on him in school.

None of that mattered to the child support division of the Alameda County District Attorney’s Office.  They – or at least one of them – thought she should be working.

New Jersey had ordered her to pay child support, which she was unable to do.  At New Jersey’s request, Alameda County had filed several motions, asking that she be held in contempt of court for non-payment of child support.  But before a person can be held in contempt of court for failing to obey an order, the other side must prove that the person had the ability to obey the order.  And, having no income, Helen was unable to comply with the support order.

So the local DA filed a request for what is known as a “seek-work order,” asking that the judge order her to start looking for work and to report periodically to the court about all of the job applications she had filled out.

At our first hearing, I took the female Deputy DA aside and tried to reason with her.  “Did you read the declaration we submitted?” I asked.

“Yeah, I read it.  And I really don’t care,” she snapped.  “She needs to be paying child support.”

*

This case had barely begun when Helen brought the older boy to my office, allegedly at his request.  She said the boy had been spending his summer vacation in California with her and was scheduled to fly back to New Jersey within a couple of weeks.  I saw a huge red flag waving in front of me and asked Helen to wait outside while I talked to Derek behind closed doors.

“I’ve been cutting and burning myself,” he started off tearfully, showing me the scars on his arms.  “I don’t want to go back to my dad.  I want to stay here.”

Over the next few weeks, a story began to emerge that was much larger than what the boy knew.  Helen and her first husband had evidently each had a pretty wild, sex- and drug-filled youth which continued after they hooked up together and well into their marriage.  Dad evidently saw the light, quit his evil ways and eventually divorced Helen because she hadn’t followed him on the straight-and-narrow.

Although Helen did later quit her partying and drug taking, Dad never ceased telling Derek what a terrible person his mother was.  He also rode strict herd on the boy, monitored all of his friendships and telephone calls, used corporal punishment and warned him repeatedly of the consequences he would suffer if he ever showed the slightest sign of turning out like his mother.  The poor kid was practically living in a labor camp.

*

California had no jurisdiction over the custody matter at that point.  New Jersey did.  Normally, the law would not allow Helen to ask a California court to change a custody order made in New Jersey.  But the Uniform Child Custody Jurisdiction Act admits some narrow exceptions, and we tried to tailor our motion to meet one of those exceptions.

The UCCJA required the California judge and the New Jersey judge to talk on the telephone and attempt to work out the best solution for the welfare of the child.  After this conference, it is hoped that one judge or the other backs down.

Not this time.

During one of these negotiating sessions, I was invited into the court commissioner’s chambers to sit in on a speakerphone conference with New Jersey.  Nothing I said pleased the East Coast judge – not that I was allowed to say all that much.

“Judge, the boy is so miserable that he’s cutting himself – “ I began.

“And just how do you know this counselor,” she sneered.

“He told me, your honor.  And showed me the scars on his – “

“And just where did this exchange take place?”

“In my office, judge.”

“In your office!?”

“His mother wasn’t there, judge,” I snapped back, not fully disguising the note of impatience (lack of due respect?) in my voice.  “I sent her outside.”

“Well, that’s just fine!  I suppose that makes all the difference in the world.”

I admit I have had more pleasant experiences in my career.

*

The Alameda County court commissioner was a pretty new hire.  She’d only been on the bench a very few months and had no prior family law experience.  She also found it hard to stand up to New Jersey.  But the lady had guts, bless her, and after hearing all the arguments and doing a bit of research on her own, she announced, “I’m taking jurisdiction.”

The commissioner ordered an immediate change of custody, Derek got to stay in California and father was ordered to pay child support to Helen.  That left only the issue of the seek-work order to be decided.

*

In the meantime – and not really expecting it to succeed, but merely to call to the commissioner’s attention the egregious conduct of the District Attorney’s office – I filed a motion setting out all of the history of the case and asking that the County of Alameda be ordered to pay Helen’s attorney’s fees because of the DA’s extreme bad faith in filing the seek-work motion.

Of course, there was no way in hell a judge or commissioner would ever grant such a request and I knew it.

At our last hearing, the female deputy’s boss appeared for the DA’s office.  Terry Symonds-Bucher, a seasoned veteran and a straight-shooter.  We agreed that the motion for a seek-work order would be dismissed, as would my motion for attorney’s fees.

When the commissioner called Helen’s case, she asked if it was true that both motions were to be dismissed.

“That’s correct, your honor,” I replied.  But I couldn’t resist adding, “And if Mr. Symonds-Bucher had been on this case from the beginning, we wouldn’t be here today.”

*

Helen later disappeared, leaving me holding the bag for more than $3,000 in unpaid fees.  She deeded her interest in the family home over to her then-current husband.  I have no idea what happened to the kids.

Pro Bono Players

All the cats and chicks can get their kicks at the hop

The Pro Bono Players are a group of attorneys, court commissioners and mediators who have performed song parodies (mostly about family law) for selected legal groups for years.  (I joined the group about four years ago and, except for sex, skiing and walking around Paris, have never had a more enjoyable time in my life.)

Most, but not all, of their numbers are based on old doo-wop songs from the 50s and 60s, such as “My Guy,” “Duke of Earl” and “At the Hop.”  But director-choreographer-songwriter Carol Gilbert doesn’t restrict herself solely to the oldies.  She’s written a hilarious number about attorneys to the tune of “It’s Hard Out Here For a Pimp” and another about family law mediators based on “Be Our Guest” from Disney’s “Beauty and the Beast.”

This number is based on Connie Stevens’ “Lipstick on Your Collar.”  It’s called “Cleavage in the Courtroom.”

Pro Bono Cleavage

Carol is concerned about copyright issues, and might not take it well if she knew I had posted this number performed last December.  So if you’re listening, ASCAP, it’s parody, get it?  Fair use.  And if that’s not enough, I take full responsibility.

If there’s any interest out there, I’ll post some more.  Just don’t tell Carol.

Model City — Chapter 6

Phearmans

Oh, there’s nothing halfway
About the Iowa way to treat you,
When we treat you
Which we may not do at all.

Meredith Willson, “Music Man”

1850 – 1946

Mildred was born in 1916, the youngest of five, also on a farm, just outside of Prairie City, Iowa, only a few miles north of Des Moines.  Her father, Charles Phearman, was of solid German and English stock.  His father, Joseph Phearman, who was probably Jewish, came to the United States in the late 1850′s and settled in Monmouth, Illinois, where northern and eastern European immigrants were preferred soap factory workers because they were used to wearing wooden shoes, which protected their skin from the lye used in the soap-making process.

Nobody knows what made Joseph so bitter about the Old Country – whether it was anti-Semitism, poverty, politics or maybe just a falling out with his family.  With one exception he never –  ever – spoke of his past.  Charles was never even able to find out the names of his paternal grandparents.

The only thing Joseph ever told his family about Germany was that he left to avoid the draft.  This seems odd because in July, 1862, he joined the 83d Regiment of the Illinois Volunteers to fight in the Civil War.

Unfortunately, a case of dysentery laid him low and he was discharged that December.  Ten years later, he moved to Prairie City, where he met and married Sarah Jane Rigby, a first-generation English-American born in New Jersey who never lost the English accent inherited from her mother.

*

Joseph Phearman (GGF)

Joseph Phearman (GGF)

Joseph didn’t marry until he was in his 40s, and Sarah (Sadie) was 20 years younger than he.  Perhaps that (and perhaps, also the fact that he was taciturn and German) explains the strange relationship between them.  Mildred remembers it as a “battle of the sexes,” with Joseph and son Charlie on one side and Sadie and the two daughters, Aunt Ella and Aunt Emma, on the other.

At one point, after some sort of a falling-out, Joseph and Sadie stopped talking to each other for the conveniently Biblical period of seven years.  Nobody knows what caused the rift, only that they would communicate through the children: “Tell your mother to pass the salt.”  “Tell your father it’s right under his nose.”

I’m not so interested in what caused the little spat.  It could have been anything.  Farm life in those days was pretty stifling.  With no electricity, no car, no telephone, television or radio, with weekly baths in a washtub in the kitchen, a “two-holer” outhouse and a bedpan under the bed so you didn’t have to trudge through the snow to the privy in the middle of the night, couples were pretty much stuck with each other all day, every day, every year.

No, what I want to know is: after seven years, what made them start talking again?

*

“My Dad,” Mildred wrote to me, “probably as a natural reaction to the rift, thought Grandma wasn’t capable of making any kind of a decision.  She lived with us for a year after Aunt Ella died, then went to live with the other daughter and died there.   She did tend to leave the decisions all up to Dad and Aunt Emma – as I don’t remember hearing anything about what she wanted to do – she just stayed where they told her to stay.

Charles Henry Phearman - 1901

Charles Henry Phearman - 1901

“But I do remember that she could be stubborn if it suited her.  She refused to go any place, which meant someone had to ‘grandma sit’ with her whenever we were going out.  And going out was a special occasion to us then, whether because I was very young or whether it was even to my parents, I don’t know.  On Old Settlers’ Day she could be persuaded to go to the afternoon festivities, but in the evening, she just wasn’t up to going again, so someone had to miss and stay with her.”

*

Joseph’s only son, my grandfather Charles, was 28 when he married 18-year-old Mabel Jones.  There is a definite pattern, here.  A girl would be a spinster if not married by 21 or 22, but a farmer couldn’t marry until he could afford to support a family.  This age difference would not apply, of course, to hired hands, clerks or other wage earners.  Roy and Daisy Dimick were only three years apart.  But it seemed to be fairly typical among the landed folks.

My mother’s and father’s secret beliefs about their respective class status probably had a great deal to do with their total incompatibility.

*

Life on the Iowa farm was paradise.

Or, if it wasn’t, it was at least remembered as such.  I never heard my mother or any of my four aunts and uncles speak about “the farm” with anything but wistfulness.

It was a time that was “lost” in March, 1935, when Charlie and Mabel loaded the last of their possessions into their wagon and their car, said their goodbyes to their neighbors and their hired help and drove – one last time – to town where Charlie, at 61 years old, tried to start over by doing odd jobs, being a handyman for the Odd Fellows Lodge and mowing lawns at the cemetery.

It was also a pre-war time.  We always look back with nostalgia at pre-war times.  Usually, we’re right.

*

Charles & Mabel Phearman -- Wedding Day, 1902

Charles & Mabel Phearman -- Wedding Day, 1902

Charles Phearman was not rich, by any means.  But while topsoil in most parts of Oklahoma was almost nonexistent, and the subsoil was hard-packed, sticky, clayey red mud, Iowa topsoil was almost two feet deep with rich, black loam.  A careful and hard-working farmer could make a comfortable living and raise a family on a modest farm.  And that’s what Charlie did.  Until he got too ambitious.

Carl, the oldest child, became a farmer for love of the land, even though he had other opportunities, and even though Charlie’s dreams of a land legacy for each of his children fell through.  None of the other children took to farming.  Roy became a successful salesman, Leo a college professor and Ruth Adah a housewife.  And Mildred?  She became a chapter or two in a memoir.

Anyway, Mildred wrote to me, the family was very “lucky.”

“We had a power washing machine – used a gasoline engine with a belt which powered the machine.  When I was small, I always knew it was wash day as I’d wake up in the morning and hear that gasoline engine putting along turning the wheels on the machine.

“We heated the water in a big iron kettle (don’t you remember the iron kettle the folks had by the barn at their place in Prairie City?)  It was dipped out and poured into the machine and the clothes run through.  Very seldom was laundry done oftener than once a week.  You can see why, if they had to plan that far in advance: to get up early, build the fire, fill the kettle and then go through all the gyrations of cranking that gasoline motor to get it started to run the washer.”

*

Years ago, I asked Mildred for memories of life on the farm.  A frustrated writer herself, she sent me several short essays.  None except “soap making” were anything other than nostalgic.

“Our day started at dawn.  I remember my father getting up and going down to the kitchen to light the fire.  First, he would shake down the ashes from the grate.  When they were all shaken into the ashpan, he would use corncobs soaked in coal oil to kindle the fire.  You may think all the older generations used kindling, but we were in the middle of the grainbelt and there was no room for trees to use for wood – all our land was for growing crops and grazing animals.  Once the cobs were lighted, more dry ones were added and when they were blazing good he carefully poured small lumps of coal over the fire and it soon began to burn slowly.”

Mabel and Leo at 4 mos.

Mabel and Leo at 4 mos.

The Prairie City house in the 1950′s still had a coal stove in the kitchen (no longer used) and a corn crib in the barn (just next to the two-hole privy) nearly full of dried corn cobs.

“By then Mom was up and she put on the tea kettle and the coffee pot.  Then it was time for the rest of us to get into our work clothes, which smelled like the last job we had done, like milking in the barns, cleaning the horse stables or the chicken house.  All of us went to the barn except my sister, and her job was to take care of the chickens.

“My dad would already have the cows in their stanchions.  These were home made ones – two upright pieces of wood worn smooth with time, and a piece on a hinge across the top.  When this was raised the two pieces were parted and the cows came in and put their heads through in order to feed.  Then we would push the wood together and let the top piece come down and they were locked in place.

“Lots of people used one-legged stools, but we were really uptown.  We had factory-made stools:  one side to sit on and connected to that was a rack that we set the milk bucket in so we didn’t have to hold it between our knees.”

While the kids milked, Charlie tended to the eight horses, which were kept in double stalls and worked in teams together.

Milk was something of a byproduct.  What the farmers used for themselves was cream.  Twice daily, the milk buckets would be carried to the house and down to the cellar where the milk was strained and then run through a separator.  When cranked by hand, cream ran out one spout and skim milk out the other.  The cream went to the kitchen for cereal, coffee and cooking.  Skim milk was for the hogs and calves.  High-density lipoproteins hadn’t been invented yet.

Roy (standing), Carl, Leo, ca. 1912

Roy (standing), Carl, Leo, ca. 1912

Sour milk and sour cream, although they were readily available, were not considered a delicacy.  “My mother would have been repulsed if you had asked her to eat sour cream on her baked potatoes,” Mildred remembered.  “Sour milk was to use in cornbread, biscuits, cakes or to make cottage cheese.  Sour cream was used in baking and to churn butter.”

By the time the milk was separated, Mabel would have breakfast ready:  bacon or sausage (or both), eggs, toast, biscuits and gravy.  In the fall, pan-fried steak was a common breakfast. In fact, steak two or three times a day was not uncommon during butchering season.  “But by the end of summer, when it was still too warm to butcher and cure our own meat and we had run out of our supply, breakfast might be dried codfish gravy, biscuits and fried potatoes.  It didn’t taste as bad as it sounds, and certainly not as bad as it smelled.”

After breakfast, the kids would wash up in the kitchen to get rid of the splattered cow shit and the barn smell and head off to school (about two miles) with the lunch pails Mabel had somehow found time to pack.

**

Food and dietary requirements have had dramatic effects on human history.  Our word “salary,” for instance, refers to the Roman custom of paying soldiers an extra stipend to allow them to buy salt, which was virtually the only flavoring and only preservative available at the time.  Gandhi’s Salt March of 1930 helped unite the Indian populace against the ruling British, who had a monopoly on the salt trade.  Goiter, an unsightly neck growth usually accompanied by a measurable lowering of mental capacity, was endemic in the United States until the introduction of iodized salt in 1924.

Every school child knows the lucrative spice trade and the search for a shorter route to the Indies led to the discovery of America.  Spices were highly coveted for their ability to conceal the taste of spoiled meat, there being but limited ways to store it.

Historically, there was no real way to store fruits and vegetables, short of drying them, and no amount of spices will save a spoiled peach.  Vegetables being impossible to keep for any length of time, British sailors on months-long sea voyages during the Napoleonic Wars tended to develop scurvy from their limited diet of dried or salted beef and hardtack, and no vitamin C.

Napoleon Bonaparte, fielding massive armies which had to be provisioned, announced a prize of 12,000 francs in 1795 for the discovery of a way to preserve food in sealed containers.  Coincidentally, in the same year, the British Navy began provisioning its ships with lime juice.   The juice was acidic enough to keep for long periods of time, eradicated scurvy and gave British sailors their nickname, “Limeys.”

Napoleon’s prize was claimed in 1809 by a French chef who invented the process of canning, which was adopted immediately by the French and gradually by other governments.   Widely used by the North during the American Civil War, it would be another 50 years or more, however,  before it had much of an effect on the general populace.  It wasn’t until 1858, when Adolphus Dimick and Joseph Phearman were young men, that the Mason jar was invented, and it would be many more years before it was refined into its present design and accepted by farmers across the country.

*

Mildred, 7 1/2 yrs

Mildred, 7 1/2 yrs

When my grandmother, Mabel Phearman, was young, around the turn of the century, she used to help dry apples and corn in the summer against the coming winter.  By the time Mildred was a girl, canning in Mason jars had finally reached Prairie City.

“We canned green beans, sweet corn, tomatoes and green peas,” Mildred wrote.  “They made their own Kraut and I think kept it in one of those stone jars.  I know they kept pickles in the stone jars when I was quite young.  As I grew older, they started making the pickles and putting them in Mason jars and sealing them with the regular jar lids.  We had a barrel buried at the side of the lawn where we stored heads of cabbage, onions, carrots, turnips and parsnips.  This was covered with straw to keep it from freezing.  We kept potatoes and apples in the cellar.

“Also, we ate canned fruit in the winter time: peaches, pears, plums, grapes and berries of several kinds, strawberries, raspberries, gooseberries, blackberries, mulberries and elderberries mixed with apples.”

Charlie both smoked and salted meat.  In later years, he relied more on salt and smoke-flavored salt to preserve the meat.  This seems to me to be going backwards, but I suppose smoking is much more labor intensive than salting.  Later still, they discovered they could can beef.  That, of course, would be woman’s work, so Charlie probably opted for canning exclusively.

Pork, however, was “fried down:” cooked, placed in a stone jar and completely covered with melted lard.  If kept in the cellar, the lard congealed and formed an airtight coating around the meat, preventing it from spoiling.  The same process is still used today in France to preserve duck (“duck confit,” one of my favorite dishes) and goose.

The family made their own root beer from Hires Root Beer Extract, placed the batch in a jug and lowered the jug into the well to cool.  In the fall, if there were any nice watermelons left, they would be burrowed deep into the oat bin for storage.  Some years they had watermelons to eat as late as Thanksgiving.

There was no electricity on the farm.  Charlie had a windmill that pumped water for the stock, but the women weren’t as important as the stock, so all the water used in the house had to be pumped by hand and carried in buckets.  Later, the waste water had to be carried out again.

The Phearmans didn’t even have an ice box, there being no public icehouse in Prairie City.  But when Mabel traveled the 25 miles into Des Moines to see the doctor for her undiagnosed “condition,” and if they felt there were a few coins to spare they would buy a 50-pound block of ice, wrap it in newspapers and carry it home on the running board of the Model T.

Then it was ice cream time.  Eggs less than a day old.  Milk less than an hour from the cow and thick, yellow, rich cream.  Add some sugar, some Watkins vanilla extract and a little salt and it was ready to be cranked.  One of the kids always had to sit on the container while the older folks cranked, to keep the cooler submerged in the salty ice.

The greatest treat was to lick the paddle.  Or, maybe the greatest treat was, with no refrigeration, the family had to eat all of the ice cream by the end of the evening.

**

Charlie Phearman had two obsessions:  education and land.  Joseph had pulled him out of school after the sixth grade to work in the fields.  Charlie was adamant that none of his children would be field hands.

All of Charlie’s children finished high school.  His third, Uncle Leo, went on to get his PhD and to teach at California State University at Long Beach.  His last, Mildred, was graduated from high school two years early, received a two-year degree and, after a stint working in Des Moines, returned to Prairie City to teach in the town’s one-room school.

Mildred hated teaching.

**

The Phearman farm, ca. 1914

The Phearman farm, ca. 1914

Land.

It drove the Oklahoma pioneers who had none, and it drove the midwestern farmers who did.  It certainly drove Charlie Phearman, who had a comfortable farm, with no mortgage, but who wanted the best for his boys.

The farm down the road was for sale, and Charlie was doing fine.  Wheat and corn were bringing bounty prices and Charlie wanted to ensure that each of his three boys had a sustainable farm.  He went to the bank and took out a mortgage on his farm to buy the farm down the road.

*

In medieval England, the source for all American property laws, a “gage” was a challenge, a pledge or a security for a pledge.  Land being the source of all wealth and, therefore, almost sacred, the last thing a gentleman would pledge as security for a loan or a gambling debt was his property.  Such a pledge was known as a “mort-gage” or “death pledge.”

Many a midwestern farmer discovered the true meaning of the death pledge in the 1930′s,  Charlie Phearman among them.

*

Mabel Phearman kept diaries for most of her life.  On Mabel’s death, Mildred tossed all of them save one:  a tiny two-by-four-inch book for 1935 provided free by Edwards Coal Company (“Phone 20″), with room for a week’s entries (five lines each, if you wrote quite small) on each double page.  1935 was when the Phearmans lost their farm, and the tragic shows up amid the mundane in Mabel’s brief diary entries:

January, 1935

Friday, 4: Went to Newton, got 2 every day dresses for 85c.

Monday, 7: Dad went to Newton.  I was alone all day.  Cut up a hog & made sausage.  Worked on rug.

Friday, 11.  Dad went to D.M. [Des Moines].  I baked cookies 2 pine apple pies & a mince pie.  Mildred come home.

Saturday, 12.  I made ice cream.  Mildred went to Dentist.  It rained off & on all day.

Sunday, 13.  Went to church.  Bally died. [Bally was a horse.]  Miller skinned him.  Vernie had new calf.  Our pond was froze.

Friday, 18.  Ironed.  Miller helped Dad roll up Okies fence.  Dad washed his face & shaved.  Cloudy all day. [The emphasis is Mabel’s.]

Saturday, 19.  Dad went to Newton & took exams for P[ost] O[ffice]. It rained nearly all day & was icy.  Turned colder & snowed a little toward evening.

Sunday, 20.  Cold, 4 below zero.  Dad & I got 2 cart loads of fodder out of the field.  It was so icy & slick.  Wayne & Wendell helped us with one load.  Ramona calf was dead.

Monday, 21.  16 below zero this morn.  Sun shone but didn’t warm up much.  Dad bought a ton of alfalfa hay for $30.  Jersey had a calf it was dead.

Tuesday, 22.  Hauled in 3 shocks fodder with Henrys team.  I made me 2 aprons out of old dresses.

*

The next day, Mabel and Charlie’s world collapsed around them.  It wasn’t unexpected, but a haunting dread became a dread reality.  Mabel summed it up in only ten words:

Wednesday, 23.  The sherriff was here & read our paper to us.

Charlie was 61 years old, unemployed and landless.

*

Thursday, 24.  Dad went to town.  Hauled in more fodder.

Friday, 25.  Henry & Andrew were here & got a old bob sled to fix theirs up.

Saturday, 26.  Dad butchered a beef.  Miller helped.  Went to town in P.M.  Got $1.14 for hide.

Sunday, 27.  Lenas [Mabel’s sister, Aunt Lena,  and Uncle Lester], Nellie [another sister] and R.A. [daughter Ruth Adah] were here.  I didn’t go to church.  Dad went to Charlie Shaffer’s funeral.

Monday, 28.  Canned 4 qt. beef baked 2 berrie pies.  Bess fell & couldn’t get up.

Tuesday, 29.  Canned 14 qt. more beef.  Dad went to D.M.  Had Bess killed when he got home.

February, 1935

Friday, 1.  Mildred come home.

Saturday, 2.  Leo come.  We washed & ironed.  Roy & Frankie come & stayed all night.

Sunday, 3.  Leo left on 10 o’clock buss.  Mildred went to S.S [Sunday School].  Carls [son and daughter-in-law] come.  Mildred went back with Hollises.

Monday, 4.  Getting ready for the sale.  Sun shone.  Thawed a good deal.

Tuesday, 5.  Canned 7 qt. beef.  Gerdena come to help get ready for sale.

Wednesday, 6.  Sale day.  Womans council served lunch.  Very cold.  I was sick & called Dr. Van.  Throwed up & run off.

Thursday, 7.  Carls left.  I was some better but felt miserable.

Friday, 8.  Cleaned up in here & went to D.M.  Not very spry yet.  Got Mildred.

Saturday, 9.  We went house hunting.   Not very successful.  Dad went to see Neal Dickenberg.

For the next month, it “snowed and blowed.”  When it wasn’t freezing, it was muddy walking to Prairie City from the farm.  (It was only three or four miles, and the car was used only for long distances.)  Mabel continued her farm chores, packed, cleaned the house and washed the curtains for the new owner and still found time to help out her neighbors and to help Miller, the hired hand, pack.  Charlie looked for work and for a place to live, but also found time to help the neighbors.  That’s what farm folks do.

Mildred came home from Des Moines every weekend.  She would return to Prairie City later that year to teach school and help care for the folks.  The other kids visited weekly to help can, clean and pack, as did sisters Nellie and Lena.

Tuesday, 12.  Went to Steenhoeks to butcher our hog.  Stayed all day.  Walked home.  It sure was muddy.

Wednesday, 13.  Worked at our meat. Made sausage.  It rained.

Saturday, 16.  Dad helped haul in some fodder for Neal.

Sunday, 17.  Walked to S.S.  Still awfully muddy.  Croziers come over in wagon in P.M.

Thursday, 21.  Went to Colfax with Lena.  Looked at some houses.  Dickenbergs were here in Eve.

Thursday, 28.  Helped Mrs. Crozier.  Ironed & mended & packed a box of dishes.

March, 1935

Friday, 1.  Helped Mrs. Crozier.  I ironed, baked bread.  We packed 3 or 4 boxes of clothes & pictures.

Monday, 4.  Still blowing.  I washed parlor & bedroom curtains.  Ironed them all too.

Tuesday 5.  Helped Mrs. C.  Got home late.  Dad went to Newton.  Got notice to leave.

Wednesday, 6.  Helped Mrs. Crozier.  Got home late.  Dad went to D.M. with Fred.

In early March, they found a house in Prairie City, and struck a deal.  Just two blocks from downtown and the town square, the place was just shy of a quarter-acre, with a two-story house, two wells (one drinkable, one only good enough for washing and watering the garden) and a barn.  The purchase price was $900 – $600 down and $50 a month until paid off.

The kids chipped in the money for the purchase, with Mildred, unmarried and frugal, providing the lion’s share.  Mildred also co-signed the purchase contract and agreed to pay the yearly taxes.

According to the purchase contract, the house was subject to a lease to a Tom Timmons.  Mabel’s diary indicates a problem with getting Timmons to vacate, and it is unclear whether Charlie and Mabel had to find temporary lodging.

Thursday, 7.  Dad went to town to make a deal with Martins.  Thinks it will go through.  I packed pictures & books.

Friday, 8.  Helped Mrs. Miller pack.  Dad got Mildred.

Saturday, 9.  Walter Telfer & wife looked at place.  Walter bought it.

Tuesday, 12.  We packed all day.  Everything up stairs.  The crowd come by in waggons to bid us goodbye.  22 were here.

Wednesday, 13.  Took 2 loads to town.  I cleaned the east room up stairs & put up 2 beds.

Thursday, 14.  Took another load.  Mr. T. said he wouldn’t get out for 30 days.

Thursday, 21.  Cleaned attic.  Baked cookies.  Mopped.  Took bath.  Worked on rug.

Thursday, March 21, is the last entry in Mabel’s tiny 1935 diary.

*

Mildred taught in Prairie City’s one-room school in 1935-36 and 1936-37.  Children, however, held little interest for her.  Also, she was only 19 and 20 years old and some of the farm boys may well have been almost as old as she, probably as large and more rambunctious, and certainly less tidy.  Despite her chuckles over being splattered with cow shit while milking, Mildred did not like untidiness.  This feeling extended to pets, children and life in general.

After two years of teaching, she headed off for the big city — Des Moines — to wait tables and attend business college.  It was 1937, the year Dwain’s first child (my half-brother, Dwain Lee Dimick, Jr.) was born.  She was not quite 21 and had never had a boyfriend or been on a date.

The next eight years would be the happiest years of her life.  She met and roomed with the only two real friends she would ever have.

**

Dwain in India

Dwain in India

Dwain somehow found a job with the Santa Fe Railroad and by the time he was drafted had worked his way up to fireman.  In the days of steam locomotives, the fireman was the fellow who kept the fire stoked with wood or coal – even, at one time, with surplus Egyptian mummies.  You could look it up.  But that’s another story.

With the introduction of the diesel locomotive, the job of fireman became a safety backup for the engineer and an engineer-in-training (according to the union) or a wholly superfluous position (according to management.)  In the 1950′s, when the union movement was still strong and the country hadn’t yet abandoned its railroads, “featherbedding” was the word used by management to describe the union’s insistence that there be a fireman on every locomotive.

Luckily, Dwain never got anywhere near combat, but was sent instead to India.  The “Burma Hump,” a treacherous flight over the Himalaya Mountains, supplied oil, gasoline, troops and supplies to the American Volunteer Group (the “Flying Tigers”) who were fighting the Japanese from bases in China.  All of these troops and supplies were moved to Assam, India, from Bombay by rail, and Dwain found himself an engineer.

It may well have been the happiest time of his life.  There was no danger and no shooting – just driving a train and having fun.  So what if a GI only earned $30 a month. Women were cheap and a dollar would buy a woman for a week, a meal for the entire enlisted company or, probably, half a farm.  Dwain had dozens of stories about off-duty exploits in India, but I was too young when I heard them to remember them now.

What he didn’t have was a girlfriend back home to write to.  Almost everybody else had a wife or girlfriend back in the States.  One of Dwain’s Army buddies was from Iowa and was writing to a girl in Des Moines who happened to be an acquaintance of Mildred Phearman.  Buddy asked his Iowa sweetie if she knew anybody who might like to write to a lonely soldier.

Mildred, then in her late 20′s, more than a little shy and becoming desperate because of the lack of men at home during the war, agreed to begin writing to India.

*

Wedding Day, 1945:  Dwain, Mildred, Warren

Wedding Day, 1945: Dwain, Mildred, Warren

Dwain was evidently as charming and persuasive in his letters as he could be in person.  During one of their many, early separations, less than a year after they were married, Mildred wrote to Dwain from Iowa that “I always sort of felt about you like I suppose a lot of girls feel about their favorite movie stars – you were the ideal of my dreams.  I still can’t quite conceive how it all came about.”

Dwain was among the earliest of the U.S. troops to be demobilized, and was home in Oklahoma by at least November, 1945.  On a whim, as he later told Mildred, he telephoned the Iowa girl he had corresponded with for the past two or three years.  She invited him to come to Iowa, and he arrived in Prairie City on December 10.  They were married three days later.

Mildred didn’t admit this last to me until I was almost 50, and she only reluctantly confessed it even then.  Sixty years later, people seem to do this with some regularity: exchange e-mails for a time, finally meet the other side and marry him/her three days later.  In 1945, it wasn’t something you admitted to just anybody.

Had it worked out, I suppose she would have come to be proud of the three-day courtship.  Unfortunately, she married Dwain.  Not quite equally unfortunately – but bad enough, nonetheless – Dwain married Mildred.

CALIFORNIA PUBLIC EDUCATION

You want fries with that?

While skiing with my step-daughter and son-in-law a couple of years ago, we stopped to take a rest and grab a beer.  It was a warm, clear spring day, the sun on the snow was blinding and a temporary barbecue and drink area had been set up on the lodge’s sun deck.  I grabbed a beer from an iced tub and stood in line at the cash register.

It was one of those registers like they have at a fast-food restaurant, with pictures of the various items on its keypad.  (We don’t want the help to actually have to memorize the price of the items they’re selling.)  It also had a digital LCD readout, which was impossible to read in the bright light.

I showed my beer to the college-age kid manning the register; he punched the correct picture on the keypad and then shaded the LCD display with his hand so he could read it.

“Three, seventy-five,” he announced, and I handed him a five.

The kid punched in five dollars and then shaded the display again with his hand so he could find out what the correct change was.

Welcome to the wonderful world of California public education.

*

At some point back in the Cretaceous Period, the California legislature hit upon the brilliant idea that education was an investment in the future.  The better-educated are our children, so the folklore goes, the more able will be our workforce.  The more able our workforce, the better will be California products, the higher will be our wages, the more taxes we can collect to pour back into education and round and round we go.

And for a while, California did prosper, at least through the dot-com boom, attracting a highly educated workforce and becoming an economic powerhouse because of it.  Never mind that most of the intellects fueling the boom were products of elite private universities like Stanford or were imports from places like India and Japan.

It was a damned good idea and solid reasoning.  But for all but the top highschool students from mostly the top high schools (almost by definition located in the state’s wealthier enclaves), it was largely lip service.

*

Long before (long, long before) Governor Arnold Schwarzenegger and the California legislature began robbing the educational coffers to balance the state’s budget, the average California school district saw its secondary schools cut from six instruction periods per day to five, its core curriculum watered down and most elective courses, including music, speech, journalism, etc., axed.

In fact, as long as I can remember, California schools have been in a period of decline.  When I was in elementary school in a military town in Oklahoma (granted, we were awash in federal funds), when a student transferred in from California, s/he was automatically put back one grade.

*

We live in a relatively good school district.  The students’ annual test scores are well above the state-wide average, yet “relatively” is still the operative word.  Its schools can only be considered “good” when compared with the over-all, poorly performing schools in the rest of the state, and particularly when compared to neighboring school districts such as Oakland and Hayward, both of which make a mockery of education.

When my step-daughter was in middle school, her mother and I realized that she needed to go to a private high school rather than stay in public school for the next four years.  We investigated two of these nearby and finally settled on one.  This school had a track record of sending 96% of its graduating seniors on to four-year colleges or universities.  Castro Valley High School hovered around 18%.

We made the mistake of mentioning this to a school board member at a community function, and he immediately started blustering.  “Now, just…just…just wait just a minute,” he stammered.  “Why, only two or three years ago, we had a student admitted to an Ivy League college.”

Wow, and bada boom.  One student, two or three years ago.  That certainly makes all the difference.  And I suppose the fact that Castro Valley High School’s own Rachel Maddow, who went to Stanford, became a Rhodes Scholar and now hosts her own commentary show on CNN makes up for the majority of her classmates who attended a year or two at a community college – at best – before dropping out to become hairdressers or advertising salesmen.

*

I was astonished when my wife confessed to me that she had never read a Shakespeare play.  And no Dickens.  No Emily Dickenson.  No Walt Whitman.  No Carl Sandburg.  No T.S. Eliot.  Maybe one Poe short story and maybe one or two of Robert Frost’s shorter and more familiar poems.  And she was an A student.

In my Oklahoma high school (and I use Oklahoma for comparison not only because I am familiar with it, but also because it’s a benighted state, its citizens are suspicious of education and its legislature is perpetually at war with its major public university), we read a couple of Dickens’ works (even the C-level students read “Great Expectations”), “Julius Caesar,” “Romeo and Juliet” and “MacBeth,” and a broad selection of American prose and poetry.  What we did not read was Shel Silverstein or Khalil Gibran’s dreadfully sappy “The Prophet.”  How can you consider it an education if you’ve never read a single one of Shakespeare’s works?  If you don’t know Balaam’s ass from J. Alfred Prufrock?

*

Maybe that’s why California’s public universities have to offer remedial English classes, taken by huge numbers of freshmen – mostly California-educated freshmen – who must take the course without college credit.  “Bonehead English,” as it is commonly known, teaches college-age kids what they should have learned in high school: how to write a coherent sentence, a little bit about the great literature of the western world and, all too often, how to spell.

*

When my step-daughter was in the fifth grade, her principal was applying for some sort of state grant and wrote a grant proposal, which he sent home with the members of the Student Council to study.  She, of course, didn’t understand it and asked me to look it over.  I found it incredibly poorly written, full of grammatical errors, hackneyed phrases and misspellings.

I marked it up with a red pencil, gave it a big C-minus and sent it back to school with her.

Shortly afterward, her mid-term grades came out.  She was down in almost every subject and the grade for “effort” had slipped in every single subject.  We asked for a conference with her teacher, who told us that she was spending too much time out of the classroom on Student Council activities and that hardly a day went by when she did not miss at least one lesson due to absences from class.  She said Kristi was using Student Council as an excuse and that she had been late for class on several occasions with the excuse that “Mr. Lyen (the principal) wanted to see me,” when that was not true.

We asked for a meeting, during which the teacher, the assistant principal, Marianne and I all agreed that there was plenty of time for Student Council activities before and after school, at lunch and at recess, and that Kristi would remain in class at all other times.  Principal Taylor Lyen had been invited to this meeting, but declined to come.

A few days later, we attended a school open house, where we ran into Lyen.  Marianne asked if he had spoken to the assistant principal about the meeting.  He hadn’t.  When she tried to explain to him the consensus that had been reached, he interrupted her with, “I don’t agree.  You’ll kill her spirit.”

He then went into a long diatribe, contending that a child conniving her way out of the classroom was of more educational value than anything she could learn in the classroom.

“We’re teaching life skills, here,” he spewed before he stomped away.  “Long division is an archaic concept and spelling counts for nothing!”

*

Archaic concept.  Well.  I know that even the most disadvantaged kids have calculators today, but I’ve often found myself without one handy when I had a problem to be solved.  More importantly, however, long division teaches logic and reasoning.  And spelling “counts for nothing?”  If you want to be a plumber or a hairdresser, maybe.  But don’t get me started.

I thought the situation had pretty much hit bottom, but we had a long ways to go yet before our minor triumph.

*

Lyen called Kristi’s father and arranged a meeting, telling him that we were “murdering her soul.”

Father, when he picked up Kristi for his visitation the next weekend, told Marianne that “I’ve heard about all the terrible things you’re doing to Kristi.  You’re murdering her soul.”

Father contacted his attorney, claiming that what I was doing to Kristi was “intellectual abuse.”  Whatever that is.  Father’s attorney wrote to Marianne’s attorney saying that he was “shocked” to read the letters that had recently gone back and forth between myself and Lyen and adding that “Mr. Dimick needs to understand that he is not the father of this child and he needs to maintain a role consistent with the fact that he is the stepfather and not the natural father.”

I replied that I was sure that when he was given copies of these letters, “you were not given the letter of apology which Taylor wrote to us on the orders of the superintendent.”

*

Lyen was called on the carpet by the school superintendent for first, voicing his out-of-line sentiments about education in such a manner to the parents of one of his students and, second, for deliberately attempting to stir up trouble between a student’s parents because of a personal vendetta.

Although a letter of reprimand was placed in his personnel file, Taylor (“Long division is an archaic concept,” “Spelling counts for nothing,” “She’ll learn more by conning her way out of class than by staying in it”) Lyen is still teaching in the Castro Valley School District.  The kids under his tutelage are still absorbing his strange ideas.  Castro Valley High School graduates still can’t make change in their heads nor, for the most part, spell “Castro Valley” correctly two times out of three.

Kristi, fortunately, learned to spell, to write in complete sentences and to think critically.  In high school, she actually read some Shakespeare and several other worthwhile books and plays.  Since graduating from UC Santa Cruz, she has risen rapidly in the corporate world and, at age 29, is making a hell of a lot more money than I was at her age – even adjusted for inflation.

*

When Kristi was a junior or senior in high school, she attended a Chamber of Commerce function with me, where we spotted Taylor Lyen across the room.  She went up to him and announced proudly, “My soul is doing just fine, thank you.”

Hi, Judge. Hi, Judge.

In the courtroom of the presiding judge of Alameda County, California, hangs a photo collage of all of the members of the Alameda County bar in the early 1950s.  I forget the year, but there aren’t more than about 50 mug shots in a sepia-toned photo about 16 by 20 inches.  There are several future judges, including a couple who came back to Alameda County after serving with the prosecution at the Nuremberg trials.

Still legendary among these is Thomas Lester, aka T.L., aka Les Foley, for many years the only municipal court judge in southern Alameda County.  Foley was a famous drinker, a noted taskmaster and such a capricious judge that you never knew what he would do next.  When I came along, he had already retired, but the stories about him were legion.  Bill Moore, my partner for a time, told me about a long, six-martini lunch with Foley, followed by an afternoon court appearance in front of him, during which the judge loudly dressed him down for some real or imagined fault.

Most of the stories are in a similar vein: Foley throws a tantrum, somebody is fully embarrassed in front of an entire courtroom full of people and the story is wildly funny, but only in retrospect.  Evidently nobody took serious offense, as they kept drinking with him.  The bench-bar was a community, after all; a brotherhood.

(A currently sitting judge, a generation younger than Foley but old enough to have appeared in front of him many times, has agreed to provide me with some of the more interesting stories.  I’ll post them here if he keeps his promise.)

I wasn’t admitted to the bar until 1979, but even then, courts in Alameda County still had a small-town feel about them.  Most attorneys knew each other and most judges knew most attorneys.  Today, there are too many attorneys in Alameda County to know even a fraction of them, and too many “new” judges whom I have never met.  But say what I will about the de-frocked judge (and I will soon, I promise), he introduced me to most of the Alameda County judges and a good part of the Alameda County bar.

*

I’ll probably catch hell for admitting this, but in those days, if you were a member of the club and knew where to go, favors were done.

For instance, DUI, or drunk driving, more commonly known by those in the biz as a “deuce,” after Vehicle Code section 23152, is and was a “priorable offence,” meaning the penalties are increased for each subsequent conviction.  Several mornings a week, a group of deputy district attorneys and a group of defense attorneys would meet in a judge’s chambers for Pre-Trial Conferences on misdemeanor matters, most of which would be DUIs.  If you played your cards right and were considered one of the good old boys, you could plead your client guilty to his fourth or fifth or tenth drunk driving charge and ask, “Priors dismissed for the purpose of sentencing?”  The judge would agree and would sentence the defendant as if this were his first conviction.

Or, if the defendant’s blood-alcohol level was less than 0.13 percent (the legal level at that time was 0.10 percent), the DA and the judge would usually allow you to plead the defendant guilty of reckless driving, rather than the more serious offense of driving under the influence.

Under heavy public pressure, the legislature eventually plugged these loopholes.

And traffic tickets were dismissed, although you had to be careful not to abuse this privilege.  You could get your own ticket dismissed easily, and maybe two or three a year for favored clients or family.  Particularly if a sob story went with it.  But the most beautiful part of this job perk was that any judge could dismiss a ticket, so you always went to the judge with whom you were on the best terms.

We could also get anyone out of jury duty, and I played this card dozens of times for friends and family.

*

Today we would call these practices “corrupt,” but it was a different world 30 years ago.  With the exception of drunk driving (which had not yet achieved the widespread public awareness it enjoys today) these same judges meted out true justice tempered with real-world knowledge.  They were hell on criminals, but less-than-draconian towards those offenders who seemed to have merely made a bad mistake in judgment.

One of them, for instance, now-retired Judge Robert K. Byers, whom I consider a hell of a jurist and somewhat of a friend, was known by the defense bar as “Bye-Bye Byers” for the number of defendants he sent to jail.  (My de-frocked judge, however, bragged that he had never sent a defendant to jail.  So he’s the exception.)

They understood that the prison system could accept only so many bodies, that a brush with the law and the criminal justice system is enough to put the fear of God into many first-time defendants and that jail or prison time might only not accomplish anything more, but might actually be counterproductive.

Since those days, the number of beds available in California’s prisons has doubled or tripled and the number of people behind bars has tripled or quadrupled, yet the overall crime rate has not fallen significantly.  Maybe a little laxity from the bench – and a little less rigidity imposed by mandatory sentencing laws – was a good thing for society.

It was certainly cheaper, and we were just as safe.

*

There used to be a bar and restaurant across the street from the Hayward courthouse called Katrina’s, where judges and attorneys would adjourn after 5 p.m. to have a drink or two, socialize and swap stories.  (That sort of easy camaraderie doesn’t exist anymore, although individual judges may socialize with individual attorneys and the two categories meet on friendly terms at larger functions.)  Particularly on Fridays, you could always count on finding three or four judges at Katrina’s at the end of the day.

I don’t know, but surmise that it became a little too close to home for comfort and that too many litigants also headed for a drink after court, where they might find their judge laughing and sharing a drink with the attorney from the other side.  For whatever reason, in the mid 1980s, the venue moved to an Italian bar and restaurant (also long gone) called Antonino’s, which was a mile or two away from the courthouse.

Naturally, the attorneys followed them.

The de-frocked judge and I stopped by Antonino’s one Friday evening for a couple of pops.  While he was grabbed by a friend the minute we entered, I walked the length of the bar looking for two empty stools.  I passed by Judge A and Judge B and Judge C and Judge D and found myself repeating, “Hi, Judge.  Hi, Judge.  Hi, Judge.  Hi, Judge.”

If I didn’t know better, I’d be singing the theme song from “All in the Family:”

Gee our old LaSalle ran great
Those were the days.

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